2 applications named Top-it erasers
| Application | Class | Applicant | Filed | Advertised | Opposition |
|---|---|---|---|---|---|
| 5299701Top-it erasers | 16Paper, printing and stationery | Hindustan Pencils Private Limited | 25 January 2022 | No. 21464 March 2024 | closed4 July 2024 |
| 5299705Top-it erasers | 35Advertising, business and retail | Hindustan Pencils Private Limited | 25 January 2022 | No. 214129 January 2024 | closed29 May 2024 |
Goods and services claimed
Class 16: Paper, printing and stationery · application 5299701
Pencils, Sharpeners, Foot Rulers, Leads, Mechanical Pencils, Leads for Mechanical Pencils, Drawing Pencils Colour Pencils, Water Soluble Colour Pencils, Dry Inks, Wax Crayons, Oil Pastels, Water Soluble Pastels, Poster Colours, Water Colours, Water Colour Cakes, Water Colour Tubes, Exercise Books, Note Books, Registers, Paint Boxes (articles for use in school), Paint Brushes, Permanent Markers, Highlighters, White…
Proposed to be used · Mumbai office · full journal entry
Class 35: Advertising, business and retail · application 5299705
Advertisers, Marketers, Distributors, Importers, Exporters, Retailers Whole salers, traders, e-commerce sales & online sales through platform of Stationery, Office stationery, Writing pens, Writing implements, Colored pens, Color pencils, Pen ink refills, Refills for drawing instruments, Fountain pens, Ballpoint pens, Pen ink cartridges, Ink pen refill and cartridges, Mechanical pencils, Pencils, Erasers…
Proposed to be used · Mumbai office · full journal entry
Can I use or register "Top-it erasers"?
For the same or related goods, probably not. In class 16 (paper, printing and stationery) and class 35 (advertising, business and retail), a new application for an identical or confusingly similar name is likely to be objected to by the Registry under Section 11 of the Trade Marks Act, 1999, or opposed by the earlier applicant. Closely related classes, such as class 41 (education and entertainment), class 9 (electronics and software), class 42 (software, it and design services) and class 36 (finance, insurance and real estate), carry the same risk.
For unrelated goods, often yes. The same word can be registered by different owners in different classes when the goods are unrelated and the earlier mark is not well known. "Top-it erasers" appears in 2 classes; the other 43 may still be open, subject to a search.
A small change rarely helps. Adding a word, changing a letter or using a logo does not avoid conflict on its own: marks are compared as a whole, by look, sound and idea.
Questions about Top-it erasers
Is Top-it erasers a registered trademark?
Top-it erasers has been applied for and advertised in the Trade Marks Journal (2 applications, latest on 4 March 2024). Advertisement means the Registry accepted the application; it is registered only if no opposition succeeds within four months of the journal date. The journal does not record the later outcome, so check the live register before relying on it.
Who applied for the Top-it erasers trademark?
As advertised: Hindustan Pencils Private Limited.
Can I register a trademark similar to Top-it erasers?
Not for the same or related goods in class 16, class 35: a confusingly similar name is likely to be refused or opposed. For unrelated goods it may be possible after a search. Ask for a free availability report before you file.
What does "advertised" mean? Read trademark status meanings, how long registration takes and how to run a trademark search.
Source and limits. Built from the Trade Marks Journal published by the Registrar of Trade Marks (a public record), issues from August 2021 onwards, as advertised and subject to transcription errors. The journal shows that an application was accepted and advertised; it does not show what happened afterwards (registration, opposition, withdrawal or abandonment), applications not yet advertised, or marks advertised before August 2021, so this is not the live register status. Applicants may ask for a correction or removal by writing to mehak@trademarkindia.pro. Information only, not legal advice and not a solicitation.